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Posted

After my Thai girlfriend has stayed 6 months in the UK on a visit visa, what options are there for further stay?

I realise that she may be able to leave the UK, return to Thailand and apply for another 6 month visit visa, but that this could be declined

on the 6 months in, 6 months out guideline. These guidelines are funny things. Can't we just have black and white rules. :huh:

We have been together (in a relationship) for 3 years and lived together for about 2 years.(20 months living in Thailand, 5 month gap and 6 months living together in the UK)

I would like to apply for a settlement visa but she could probably do with a few more months of English lessons.

While my girlfriend understands the questions asked in the sample A1 tests we've seen, she has some difficulty replying in a fluent English.

She can give broken English answers that aren't brilliant gramatically. It's just a matter of time and practice. She's done very well in the last 6 months

going from very little English to understanding it. I probably didn't help by speaking broken English and Thai where possible in the past.

When we were together I always thought it more important to talk to her in a way she understands rather than telling her correctly and leaving her puzzled.

Ideally I'd like her to stay another 6 months and continue her English classes, but I don't think she satisfies the points system for a study visa.

(classes are just once a week for an hour)

Are there any other options i've missed? Thanks.

-Jack

p.s. Her return flight to Thailand is in about 10 days. She's very upset about it so I feel terrible.

Posted
I'd like her to stay another 6 months and continue her English classes
I'd keep quite about the English classes were I you. Study whilst in the UK with a general visit visa is prohibited! (Immigration Rules, Para 41(v)) Unless she has a Student Visitor visa when study is, of course, permitted; though switching courses is not.

Peoples circumstances vary, and there are genuine reasons why a visitor may need to spend more than 6 months out of 12 in the UK. There is no legal reason why she cannot apply for another visit visa immediately she returns to Thailand. However, in the circumstances you describe I think she is unlikely to be granted another visit visa so soon after visiting the UK for 6 months. The ECO is almost certain to believe that she is not a genuine visitor but wants to live with you in the UK.

The same would be the case, I feel, were she to apply as a student visitor.

If she wants to apply as a student, then under the points based system all she has to do is tot up enough points, see Tier 4 guidance.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply for settlement as your unmarried partner. The time spent with you in the UK will count, but you will need to explain the 5 month separation.

See SET05 - Unmarried and same sex partners.

The purpose of the A1 test, or equivalent, is to see if the applicant can carry out basic conversations in English. That her replies may be ungrammatical and not perfect should not be a problem. Many of the test providers will carry out an assessment before the test, and she could then decide whether to take the test or enroll for some extra tuition.

She could take the test in the UK, and an assessment, but if she needed or wanted some extra tuition she would need to do this in Thailand, of course.

You may find some of the information in this topic about the test useful.

One thing is certain, whatever you decide she must leave the UK when her visa expires and make any new application in Thailand.

Posted
I'd like her to stay another 6 months and continue her English classes
I'd keep quite about the English classes were I you. Study whilst in the UK with a general visit visa is prohibited! (Immigration Rules, Para 41(v)) Unless she has a Student Visitor visa when study is, of course, permitted; though switching courses is not.

Peoples circumstances vary, and there are genuine reasons why a visitor may need to spend more than 6 months out of 12 in the UK. There is no legal reason why she cannot apply for another visit visa immediately she returns to Thailand. However, in the circumstances you describe I think she is unlikely to be granted another visit visa so soon after visiting the UK for 6 months. The ECO is almost certain to believe that she is not a genuine visitor but wants to live with you in the UK.

The same would be the case, I feel, were she to apply as a student visitor.

If she wants to apply as a student, then under the points based system all she has to do is tot up enough points, see Tier 4 guidance.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply for settlement as your unmarried partner. The time spent with you in the UK will count, but you will need to explain the 5 month separation.

See SET05 - Unmarried and same sex partners.

The purpose of the A1 test, or equivalent, is to see if the applicant can carry out basic conversations in English. That her replies may be ungrammatical and not perfect should not be a problem. Many of the test providers will carry out an assessment before the test, and she could then decide whether to take the test or enroll for some extra tuition.

She could take the test in the UK, and an assessment, but if she needed or wanted some extra tuition she would need to do this in Thailand, of course.

You may find some of the information in this topic about the test useful.

One thing is certain, whatever you decide she must leave the UK when her visa expires and make any new application in Thailand.

Very useful information!!

Posted
I'd like her to stay another 6 months and continue her English classes
I'd keep quite about the English classes were I you. Study whilst in the UK with a general visit visa is prohibited! (Immigration Rules, Para 41(v)) Unless she has a Student Visitor visa when study is, of course, permitted; though switching courses is not.

Peoples circumstances vary, and there are genuine reasons why a visitor may need to spend more than 6 months out of 12 in the UK. There is no legal reason why she cannot apply for another visit visa immediately she returns to Thailand. However, in the circumstances you describe I think she is unlikely to be granted another visit visa so soon after visiting the UK for 6 months. The ECO is almost certain to believe that she is not a genuine visitor but wants to live with you in the UK.

The same would be the case, I feel, were she to apply as a student visitor.

If she wants to apply as a student, then under the points based system all she has to do is tot up enough points, see Tier 4 guidance.

If you can show that you have been living together in a relationship akin to marriage for at least the last 2 years then she can apply for settlement as your unmarried partner. The time spent with you in the UK will count, but you will need to explain the 5 month separation.

See SET05 - Unmarried and same sex partners.

The purpose of the A1 test, or equivalent, is to see if the applicant can carry out basic conversations in English. That her replies may be ungrammatical and not perfect should not be a problem. Many of the test providers will carry out an assessment before the test, and she could then decide whether to take the test or enroll for some extra tuition.

She could take the test in the UK, and an assessment, but if she needed or wanted some extra tuition she would need to do this in Thailand, of course.

You may find some of the information in this topic about the test useful.

One thing is certain, whatever you decide she must leave the UK when her visa expires and make any new application in Thailand.

Very useful information!!

Yes very useful information indeed.

I was not aware that she couldn't take English classes. It seems odd that a foreigner in England could be deterred from trying to learn English by any means?

:blink: Stranger things have happened I guess.

I am now considering getting her a test or a practice test in England before she returns to Thailand. If you say her grammar doesnt need to be spot on.

She understands the questions being asked and thus what to reply with. Her 6 months living here has really helped no end.

It came to the point where she was happy to go shopping by herself for food. Quite an accomplishment in my opinion.

I wonder if it could be possible to make a rapid appointment? (for A1 test) She has about 1 week left in England.

Are tests cheaper in England?

Many Thanks

-Jack

Posted

There have been reports on the forum of people having difficulty booking tests in the UK. Either the test centres say they are full or they are trying to get the applicants to sign up for a course before they can take the test. I have no idea if the reports are true.

I don't know how much the test is in UK. Others on here may know. If your girlfriend takes the test in Thailand, then VFS publish a list of approved test providers in Thailand. If your girlfriend is in Pattaya or Bangkok then our asociates - English Test Centres - can provide the test. Their details are on the VFS list, or you can obtain further information from our website - www.visas-plus.com

Currently, there is only one other test provider in the Pattaya area, and their charges for the test are around 1,000 baht more than English Test Centres.

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